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Approving a contract with WA State Military Department (WSMD) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON RE. APPROVING A CONTRACT BETWEEN ) THE WASHINGTON STATE MILITARY ) RESOLUTION NO 19- (911.. DEPARTMENT (WSMD)AND LEWIS COUNTY ) COMMUNICATIONS FOR E911 OPERATIONAL ) FUNDING ASSISTANCE ) WHEREAS, it has been brought to the attention of the Board of County Commissioners (BOCC) of Lewis County, Washington, that the Lewis County Department of Emergency Services, Communications Division, has received a contract with the Washington State Military Department for assistance to fund Professional Development expenses associated with the operation of the Enhanced 911 System, and WHEREAS, funds are available and approved for use by the Department of Emergency Services, Communications Division, in the amount up to $47,610 (contract E20-016) for the contract period of July 1, 2019 through August 15, 2020, and WHEREAS, the Department of Emergency Services, Communications Division, wishes to enter into this agreement to receive the funds for Professional Development expenses, and WHEREAS, it appears to be in the best public interest to authorize the execution of said agreement for Lewis County, NOW THEREFORE BE IT RESOLVED that the aforesaid contract is hereby approved by the BOCC, and the Chairman of the BOCC is authorized to sign said contract on behalf of the BOCC idjPassed in regular session this p-th- day of APPROVED AS TO FORM. :OAR c OF COUNTY COMMISSIO RS Jonathan Meyer, Prosecuting Attorney LEWIS OUNTY,WASHINGT / / ■ CLL �", . 116i4'..---- By Deputy P secuting At - rney Robert C.Jackson, Chair of / ATTEST •••••. Edna J und,Vi e Chai' �t-!� _ /�, /<. _ e ®• jS COUNT •• Rieva Lester, Clerk of the Board . 2 5a y Sta er, om issioner • r SINCE ":21. ; I •::I� 1845 z® •.G7oNs1stG•• ••6641• SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT CAMP MURRAY, WASHINGTON 98430-5122 NEW FORM WILL REPLACE PREVIOUS FORMS NAME OF ORGANIZATION DATE SUBMITTED LEWIS COUNTY PROJECT DESCRIPTION CONTRACT NUMBER FY20 SECO County Coordinator Professional Development (CPD) Contract E20 - 016 AUT •RIZING AUTH ITY SIGNA RE PRINT OR TYPE NAME TITLE/TERM OF OFFICE �l / Board of County Commissioners Robert C Jackson Chair Commisioner 01/01/17- ' 12-31-20 2 AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE I[�_/�L 0 (A . Edna J Fund Commisioner-01/01/17 12-31-20 � �� Board of County Commissioners■ I�/ / WM Chair Commisioner 01/01/17 L� Robert C.Jackson 12-31 20 r Steve Mansfield Director, Emergency Services ! / - „r Scott Smitherman Manager 911 Communications 3 Or O-IZEI TO SIGN REQUESTS FOR REIMBURSEMENT(A-19) SIGNATUI Ai A A PRINT OR TYPE NAME TITLE/TERM OF OFFICE 701 p. f Steve Mansfield Director, Emergency Services i I �� _ 4 Scott Smitherman Mana•er,911 Communications MI Please complete form with any new contract or any time personnel changes Submit one original to State E911 Office SECO COUNTY Coordinator Professional Development (CPD) Contract SFY2020 CONTRACT FACE SHEET 1 Contractor Name and Address 2 Contract Amount: 3 Contract Number Lewis County Agency(COUNTY) 351 NW North Street $47,610 E20-016 Chehalis,Washington 98532 4. Contractor's Contact Person, phone number 5 Contract Start Date 6. Contract End Date Scott Smitherman/360 740.3394 Scott.smitherman @Iewiscountywa.gov July 1,2019 August 15, 2020 7 MD Program Manager/phone number 8. Data Universal Numbering System 9 UBI#(state revenue) Teresa Lewis/253.512 7481 (DUNS#) teresa.lewis @mil wa.gov 079272555 212-002-978 10 Funding Authority: Washington State Military Department and State Enhanced 911 Funds 11 Funding Source Agreement# 12 Program Index#&Obj/SubObj 13. CFDA#&Title. 14 TIN or SSN RCW 38.52.510, 540, 545 7928A, 79281 and 79283 NZ NA NA WAC Chapter 118-66 15 Service Districts 16 Service Area by County(ies) 17 Women/Minority-Owned State Certified? (BY LEGISLATIVE DIST) 20th Lewis Z N/A ❑ NOD YES, OMWBE# (BY CONGRESSIONAL DIST) 3rd 18 Contract Classification 19. Contract Type(check all that apply) ❑ Personal Services ❑ Client Services ® Public/Local Gov't ® Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) ❑ Interagency 20 Contractor Selection Process 21 Contractor Type(check all that apply) ❑ "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ NE RCW ❑ N/A CO Public Organization/Jurisdiction ® Non-Profit ❑ Advertised? ❑YES ®NO ❑ VENDOR ❑ SUBRECIPIENT ® OTHER 22 BRIEF DESCRIPTION This is a reimbursement contract per WAC 118-66-050 and the Washington State Military Department (DEPARTMENT) State E911 Coordination Office (SECO) policies, which are incorporated by reference Reimbursements amounts are detailed in the attached Budget Sheet(Attachment E) IN WITNESS THEREOF the DEPARTMENT and COUNTY(Parties) have executed this Contract on the day and year last specified below This Contract Face Sheet, Special Terms and Conditions(Attachment A), General Terms&Conditions (Attachment B), Statement of Work (Attachment C), SECO Contract Reimbursement Schedule (Attachment D), and the Budget Sheet(Attachment E), govern the rights and obligations of the Parties to this Contract In the event of an inconsistency in this contract, unless otherwise provided the inconsistency shall be resolved by giving precedence in the following order (a) Applicable State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and (e) any other provisions of the contract incorporated by reference This contract contains all the terms and conditions agreed upon by the Parties No other understandings oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the -artie WHEREAS, the Parties have executed this contract on the day and year las/ecifi-: - •w FOR THE DEPARTMENT FOR C• Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Steve Mansfield, Director Washington State Military DEPARTMENT Lewis County Emergency Services APPROVED AS TO FORM 6/27/2019 Dawn C Cortez, Assistant Attorney General SECO COUNTY CPD Contract Page 1 of 13 LEWIS COUNTY, E20-016 ATTACHMENT A SPECIAL TERMS AND CONDITIONS I INTRODUCTION. The DEPARTMENT, through the SECO, coordinates and facilitates the implementation and operation of E911 emergency communications throughout the state It is authorized to enter into agreements for statewide services and to reimburse COUNTY for eligible expenses from appropriated excise tax revenue retained in the state E911 account II KEY PERSONNEL. The individuals listed below shall be considered Key Personnel, however, either party may designate a substitute by advance written notification to the other party COUNTY DEPARTMENT Name Scott Smitherman Name Teresa Lewis Title. 911 County Coordinator Title SECO E911 County Assistance Program Manager E-Mail Scott.smitherman @lewiscountywa.gov E-Mail teresa.lewis @mil.wa.gov Phone 360 740.3394 Phone. 253.512 7481 III. ADMINISTRATIVE REQUIREMENTS The Parties shall use the following to determine allowable cost principles State Office of Financial Management (OFM) Regulations-State Administrative and Accounting Manual (SAAM) and the Local Government Budget and Accounting Reporting System (BARS) IV. ELIGIBLE EXPENSES AND PRIORITIES ESTABLISHED BY THE LEGISLATURE Priorities for expenditure of state E911 funds have been established by both the state legislature and the DEPARTMENT A RCW 38 52 540(1) provides that funds from the state E911 account should be "used only to support the statewide coordination and management of the enhanced 911 system for the implementation of wireless enhanced 911 statewide, for the modernization of enhanced 911 emergency communications systems statewide, and to help supplement, within available funds the operational costs of the system, including adequate funding of counties to enable implementation of wireless enhanced 911 service and reimbursement of radio communications service companies for costs incurred in providing wireless enhanced 911 service pursuant to negotiated contracts between the counties or their agents and the radio communications service companies" B RCW 38.52 540(3) provides that the State E911 Coordinator is "authorized to enter into statewide agreements to improve the efficiency of enhanced 911 services for all counties and shall specify by rule the additional purposes for which moneys, if available, may be expended from this account", C RCW 38.52 545 provides that "In specifying rules defining the purposes for which available state enhanced 911 may be expended, the state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, must consider base needs of individual counties for specific assistance Priorities for available enhanced 911 funding are as follows (1) To assure that 911 dialing is operational statewide, (2) To assist counties as necessary to assure that they can achieve a basic service level for 911 operations, and (3) To assist counties as practicable to acquire items of a capital nature appropriate to modernize 911 systems and increase 911 effectiveness", D WAC 118-66-020 reiterates the E911 funding purposes and priorities established by the legislature, E WAC 118-66-040 describes COUNTY eligibility for funding, and F WAC 118-66-050 lists expenses that "may be eligible for reimbursement based on a reasonable prioritization by the state E911 coordinator" and "in accordance with the purposes and priorities established by statute and regulation" SECO COUNTY CPD Contract Page 2 of 13 LEWIS COUNTY E20-016 V THE PARTIES AGREE THAT THE FOLLOWING ELIGIBLE EXPENSES AND PRIORITIES ARE ESTABLISHED IN CONTRACT A Consistent with the statutes and regulations cited, this contract allows reimbursement solely for certain approved eligible expenses described in WAC 118-66-050 incurred by the COUNTY, in support of E911 calls originating in the county including eligible expenses in the following prioritization: (1) E911 statewide dialing, (2) E911 basic service, and (3) capital items This contract includes Statewide Services that benefit all counties and do not require local revenue to be expended prior to reimbursement through county contracts Statewide services reimbursed through this contract include 1 Coordinator Professional Development (CPD), including travel expenses for attending the following Advisory Committee meetings, Advisory Committee Subcommittee meetings, Coordinator Forums, State Supported training, and National Conference attendance 2 Reimbursement of selected Public Education expenses, selected 911 Salaries, benefits and training, 3 911 Call Receiver training pre-approved NG911 modernization expenses and interpretative services, 4 Connection to the Emergency Services Internet Protocol Network (ESINet) a Payment for ESINet services and the originating network trunking, are contingent upon available funding, only for eligible approved expenses identified in RCW 38.52 545 and WAC 118-66-050 b To receive ESINet services, the county must enter into, and require all staff for all PSAPs operated within the county, a non-disclosure agreement with SECO for confidential information c In the advent of the unavailability or loss of state funding responsibility for the continued operation of the statewide 911 network, and all related costs, including the ESINet, will be transferred to the individual counties, on a pro rata basis B Expenses 1 General Reimbursement Requirements for COUNTY a Contingent upon funding availability reimbursement will be made only for eligible approved expenses identified in RCW 38.52 545 and WAC 118-66-050, b Approved eligible expenses will be reimbursed at amounts not to exceed limits established in SECO Policy, see Section VII D of this contract, c In the event, funding will not cover all contract eligible amounts, individual line items will be funded in full or not at all, d Funding is for use in the primary Public Safety Answering Points (PSAP) only, unless otherwise specified in applicable DEPARTMENT policy, see Section VII D of this contract, 2 Ineligible Items Expenses not listed in WAC 118-66-050(1) (2) and/or (3), and not directly associated with the operation of the E911 System are not eligible for state financial assistance or reimbursement under this contract 3 Expense Documentation and Approval a. COUNTY must submit documentation of eligible expenses to the DEPARTMENT, including identification of vendor, warrant number, date, and applicable E911 eligible expense categorization as set out in Section VII E below, b COUNTY must submit eligible Monthly Expense Reports and/or requests for reimbursement, so they are received by the DEPARTMENT by the last day following the month in which payment was made, including additional hard copy documentation required by an "Action Plan" due to audit findings, c Expenses contained in Monthly Expense Reports not submitted by the last day following payment, including additional hard copy documentation as required by "Action Plans", will not be reimbursed, d Monthly Expense Reports will be processed in the order received by the DEPARTMENT, e The DEPARTMENT may request additional documentation and/or information from COUNTY pertaining to reimbursement requests, and any delay in providing the requested information may result in delay in reimbursement or reduced reimbursement, SECO COUNTY CPD Contract Page 3 of 13 LEWIS COUNTY, E20-016 f All approved training expenses must be submitted as a whole after the training with the exception of conference registration fee, which may be submitted for reimbursement in advance g Training expenses are exempt from the 30-day submittal requirement but must be submitted for reimbursement within 90 days of the actual training h Prior to purchasing or leasing any equipment or software, the COUNTY must submit a written quote to the DEPARTMENT for review and approval Without prior written approval, the purchase or lease will not be eligible for reimbursement by the DEPARTMENT VI PERFORMANCE PERIOD AND PAYMENT- Payment by the DEPARTMENT to the COUNTY shall only be made as reimbursement for eligible expenses approved by the DEPARTMENT and incurred between July 1, 2019 and June 30, 2020 which is also known as the performance period Work started prior to July 1, 2019 and/or not complete by June 30 2020 will be considered outside the performance period and therefore not eligible for reimbursement The COUNTY shall not request payment in anticipation of expenditures not yet incurred VII THE COUNTY AGREES TO• A Local Funding The COUNTY warrants that it has authorized collection of the local E911 excise tax authorized under RCW 82 14B 030(1), RCW 82 14B.030(2) and/or RCW 82 14B 030(3) and that these funds are being used for wireline and/or wireless eligible expenses listed in WAC 118-66 to operate the E911 system in the county Consistent with RCW 38.52 540(2), the COUNTY will not request, receive or expend funds under this contract for wireline and wireless eligible expenses if it has not imposed the maximum county E911 tax allowed under RCW 82 14B 030(1) for switched access lines, and will not request, receive or expend funds under this contract for wireless eligible expenses if it has not imposed the maximum county E911 tax allowed under RCW 82 14B 030(2) for radio access lines B Use of Funding: The COUNTY warrants that the funds provided by the DEPARTMENT as described in the Budget Sheet (Attachment E), shall be used by the COUNTY solely for reimbursement of those approved incurred eligible expenses as described in WAC 118-66-050 and the SECO policies incorporated herein that are necessary to operate E911 countywide Reimbursement shall be made consistent with SECO policies as set out in Section VII D of this contract, for approved expenses described in WAC 118-66 that are incurred between July 1, 2019 and June 30, 2020 C. Consolidation If the COUNTY receives funds under this contract in support of a consolidated Primary Public Safety Answering Point (PSAP) the COUNTY warrants to maintain and operate the consolidated PSAP for three (3) years from the date of the consolidation and thereafter for the life of this contract Failure to comply with this requirement requires the COUNTY to repay all funds and will result in a recapture of funds as provided in the General Terms and Conditions For purposes of this contract, a consolidated PSAP is one operated by or on behalf of a county as the primary PSAP for all operations of enhanced 911 call-taking and call transfer activities in that county The consolidated PSAP may also be engaged in, pursuant to interlocal agreement, the dispatching of public safety resources serving several jurisdictions A primary PSAP is one that initially answers all 911 calls within the county D SECO Policies. The COUNTY agrees to abide by all of the following SECO Policies as written and/or amended, available at SECO Policies Link and incorporated by reference • SECO County Contract Policy (PDF) • SECO Public Education Policy (PDF) • SECO Statewide Services Support Policy (PDF) • SECO Salaries and Benefits Summary (PDF) E Reimbursement Requests and Reporting Requirements. Not more often than monthly, the COUNTY shall submit invoice vouchers (Form A-19) to the DEPARTMENT requesting reimbursement for expenses. The COUNTY agrees to use forms and/or systems provided by the DEPARTMENT for necessary reports SECO COUNTY CPD Contract Page 4 of 13 LEWIS COUNTY E20-016 In addition to any reports as may be required elsewhere in this contract, the COUNTY shall prepare and submit the following reports to the DEPARTMENT's Key Personnel Financial Reports #/Copies Completion Date Monthly Expense Reports 1 No later than the last day following the end of the month Local Travel Policy/Procedures 1 30 days after signatures on this contract and then annually 3rd Quarter Review 1 March 31, of each year Time Audit Report 1 January 31, of each year Training Certification(s) 1 June 30, of each year Final Reimbursement Request 1 July 31, 2020 All contract work must not start prior to July 1 2019 and must be delivered installed/completed and accepted by June 30, 2020, although certain reports may be submitted by July 31, 2020 as described above Final billing not received by July 31, 2020, may not be processed F Attendance Obligations The COUNTY agrees to send the designated County 911 personnel to the following events • Advisory Committee Meetings The COUNTY agrees to send the 911 County Coordinator or designee to as many of the Advisory Committee meetings as possible each year, but no less than half of the scheduled Advisory Committee meetings per contract year and • Coordinator Forums The COUNTY agrees to send the 911 County Coordinator or designee and additional appropriate 911 representatives to the October-Fall, the March-Spring and to the June-Summer Forum/Conference of each contract year; and • Public Education Training. The COUNTY agrees to send the 911 Public Education Coordinator or appropriate 911 representative to attend the Public Education Forum or a public education class per contract year, and • Training Coordinator Training. The COUNTY agrees to send the 911 Training Coordinator or appropriate 911 representative to attend the Training Forum or a training class per contract year, in accordance with the Statement of Work(Attachment C) G Reallocation of Funds. The COUNTY is allowed to reallocate funds within the coordinator professional development category as needed Budget categories are as specified or defined on the budget sheet of the contract. Any changes to budget categories other than in compliance with this paragraph will not be reimbursed H Compliance with Law The COUNTY will comply with all state and federal laws applicable to counties VIII CONDITIONED UPON COUNTYS FULFILLMENT OF ITS CONTRACT ABOVE THE MILITARY DEPARTMENT AGREES TO THE FOLLOWING. A. Within thirty (30) days of receipt and approval of signed, dated invoice vouchers (state form A-19), satisfactory completion of tasks, and documentation of costs, reimburse the COUNTY up to the maximum of $47,610 or actual cost, whichever is lower, pursuant to the schedule set out in the SECO Contract Reimbursement Schedule (Attachment D) and as authorized by this Contract and WAC 118-66. B If a question arises about the requested reimbursement, the COUNTY will be notified via e-mail and/or telephone call and will have five (5) working days to provide the requested information If information satisfactory to the DEPARTMENT has not been provided within that time the expense in question will be subtracted and the balance of approved eligible incurred expenses will be processed for reimbursement. C Within available funds, to provide ESINet services to the COUNTY SECO COUNTY CPD Contract Page 5 of 13 LEWIS COUNTY, E20-016 ATTACHMENT B GENERAL TERMS & CONDITIONS 1) DEFINITIONS. As used throughout this contract the following terms shall have the meanings set forth below. a "DEPARTMENT" shall mean the Washington State Military DEPARTMENT (WMD), or any of the officers or other officers lawfully representing that DEPARTMENT and includes the State E911 Coordination Office (SECO) b "COUNTY" shall mean the named county performing services under this contract or grant It shall include any subcontractor retained by the COUNTY as permitted under the terms of this contract c "Subcontractor" shall mean one, not in the employment of the COUNTY, who is performing all or part of those services under this contract under a separate contract with the COUNTY The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier d "PSAP" means Public Safety Answering Point as defined in WAC 118-66 e "WAC" is defined and used herein to mean the Washington Administrative Code f "RCW" is defined and used herein to mean the Revised Code of Washington 2) ACCESS TO PUBLIC RECORDS. a The Parties acknowledge that the DEPARTMENT is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared owned used or retained by the DEPARTMENT relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection or copying except as exempt under RCW 42 56 or other statute which exempts or prohibits disclosure of specific information or records b The COUNTY shall provide access to data generated under this Contract to the DEPARTMENT and the State Auditor at no additional cost This includes access to all information that supports the findings, conclusions, and recommendations of the COUNTY's reports, including computer models and methodology for those models c Access to Data - State law prohibits state agencies from entering into agreements when the contractor could charge additional costs to the agency, the Joint Legislative Audit and Review Committee, or the Office of the State Auditor for access to data generated under the Contract, thus all such data will be provided at no additional expense For the purposes of this requirement, "data" includes all information that supports the findings conclusions and recommendations of the contractor's reports including computer models and methodology for those models 3) ADVANCE PAYMENTS PROHIBITED No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the DEPARTMENT 4) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U S C 12101 et seq (also referred to as the "ADA") and its implementing regulations at 28 CFR Part 35 The COUNTY must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication 5) ATTORNEY'S FEES: Except as provided in the section entitled "Recapture Provisions", in the event of litigation or other action brought to enforce the terms of this Contract or alternate dispute resolution process each party agrees to bear its own attorney's fees and costs. 6) COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES. The COUNTY shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders and/or policies This obligation includes but is not limited to nondiscrimination laws and/or policies, the ADA, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (e.g Federal Acquisition Regulation 48 CFR Sec 52.203-5) Public Disclosure (RCW 42.56), and safety and health regulations In the event of the COUNTY's noncompliance or refusal to comply with any applicable law, regulation, executive order or policy, the DEPARTMENT may rescind, cancel, or terminate the Contract in whole or in part in its sole discretion The COUNTY is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order or policy 7) CONTRACT MODIFICATIONS. The Parties may from time to time request changes to the Contract All mutually agreed changes shall be incorporated by written amendment No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties, and any oral understanding or agreements shall not be binding It is mutually agreed and understood that the SECO COUNTY CPD Contract Page 6 of 13 LEWIS COUNTY, E20-016 COUNTY is allowed to reallocate funds within the coordinator professional development section as needed 8) COUNTY NOT EMPLOYEE OF DEPARTMENT. The COUNTY, and/or employees, sub-contractors or agents performing under this Contract, are not employees or agents of the DEPARTMENT in any manner whatsoever The COUNTY will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington for any reason , nor will the COUNTY make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the DEPARTMENT or of the State of Washington, including, but not limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under RCW 41 06 It is understood that if the COUNTY is another state agency, the officers and employees are employed by the State of Washington in their own right 9) DISCLOSURE. The use or disclosure by any Party of any information concerning the DEPARTMENT, or its ESINet provider, for any purpose not directly connected with the administration of the DEPARTMENT's or the COUNTY's responsibilities with respect to services provided under this Contract is prohibited except by prior written consent of the DEPARTMENT or as required to comply with, RCW 42 56, the Public Records Act or court order Disclosure of any information concerning the ESINet is controlled by the Non-Disclosure Agreement between the Parties 10) DISPUTES. Except as otherwise provided in this Contract, when a bona fide dispute arises between the Parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing The Parties shall select a dispute resolution team to resolve the dispute The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the COUNTY, and a third party mutually agreed upon by both Parties The team shall by majority vote resolve the dispute The Parties agree that this dispute process shall be final and there will be no appeal of the decision 11) GOVERNING LAW AND VENUE. This Contract shall be governed by the laws of the State of Washington In the event of a lawsuit involving this Contract, venue shall be proper only in Thurston County The COUNTY, by execution of this Contract acknowledges the jurisdiction of the courts of Washington in this matter 12) HOLD HARMLESS. The COUNTY agrees to defend, hold harmless, and indemnify the State of Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all damages or claims from damages resulting or allegedly resulting from the COUNTY's performance or activities hereunder and that of any sub-contractor hired by the COUNTY 13) INSURANCE, INDUSTRIAL COVERAGE. Prior to performing work under this contract, the COUNTY shall provide industrial insurance coverage for the COUNTY's employees, as may be required by Title 51 RCW The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for a consultant or any subcontractor or employee of the COUNTY, which may arise during the performance of services under this contract Before the start of any work required by this Contract, the COUNTY shall deliver to the DEPARTMENT certificates of insurance reflecting that the COUNTY has obtained all the insurance coverage required by this section 14) INSURANCE, GENERAL COVERAGE. The DEPARTMENT and its officers, employees, and agents while acting in good faith within the scope of their official duties, are covered by the State of Washington Self-Insurance Program and the Tort Claims Act (RCW 4 92 060 et seq ), and successful claims against the DEPARTMENT and its employees, officers, and agents in the performance of their official duties in good faith under this Contract will be paid from the tort claims liability account as provided in RCW 4.92 130 COUNTY hereby notifies the DEPARTMENT that as a County Government of the State of Washington and in accordance with Washington law, COUNTY has full loss coverage for itself, its officers, employees and agents through self-insurance and/or the purchase of insurance Upon the DEPARTMENT's request, COUNTY will provide the DEPARTMENT with details of its self- insured retention, proof of its additional insurance and all loss coverage This program of self- insurance and/or purchased insurance includes general liability, automobile liability workers compensation and employers' liability 15) LEGAL RELATIONS To the extent permitted by applicable law, each party to this contract shall be responsible for injury or death to persons and damage to property resulting from negligence on the part of itself, its employees, agents, officers, contractors or subcontractors Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party SECO COUNTY CPD Contract Page 7 of 13 LEWIS COUNTY, E20-016 16) LIABILITY. To the extent permitted by applicable law, each party to this contract shall be responsible for injury or death to persons and damage to property resulting from negligence on the part of itself, its employees, agents, officers, contractors or subcontractors Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party 17) LIMITATION OF AUTHORITY Only the assigned Authorized Signature for the DEPARTMENT or an assigned delegate by writing (delegation to be made prior to action) shall have the express, implied or apparent authority to alter, amend, modify, or waive any clause or condition of this contract Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized person 18) LOSS OF FUNDING. In the event funding from state or federal sources is withdrawn, reduced, or limited in any way after the effective date of the Contract the DEPARTMENT may suspend or terminate or renegotiate the Contract without cause under the "Termination" clause and without the thirty (30) day notice requirement 19) NONASSIGNABILITY. Neither this Contract, nor any claim arising under this Contract, nor the work to be provided under this Contract, and any claim arising thereunder, shall be assigned or delegated by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld 20) NONDISCRIMINATION. During the performance of this contract, the COUNTY shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to a Nondiscrimination in Employment The COUNTY shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin creed, marital status age Vietnam era or disabled veteran's status or the presence of any sensory mental or physical handicap This requirement does not apply, however to a religious corporation association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation association educational institution or society of its activities b The COUNTY shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation, religion national origin, creed, marital status, age, Vietnam era or disabled veteran's status or the presence of any sensory mental, or physical handicap Such action shall include, but not be limited to, the following Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers 21) RECAPTURE PROVISION. In the event the COUNTY fails to expend funds under this Contract in accordance with applicable federal state and local laws and/or the provisions of the contract, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance Such right of recapture shall exist for the life of the project following Contract termination Repayment by the COUNTY of funds under this recapture provision shall occur within thirty (30) days of demand In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof including attorney fees from the Contractor 22) RECORDS, MONITORING AND AUDIT ACCESS. a The COUNTY shall perform under the terms of the Contract and the DEPARTMENT may conduct reasonable and necessary monitoring of the COUNTY's performance b To permit such monitoring, the COUNTY shall maintain books, records documents, and other evidence and accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the DEPARTMENT, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or agreement c The COUNTY will retain all books, records, documents, and other materials relevant to this Contract for six (6) years from the date final payment is made hereunder and make them available for inspection by persons authorized under this provision SECO COUNTY CPD Contract Page 8 of 13 LEWIS COUNTY, E20-016 d The DEPARTMENT or the State Auditor or any of their representatives and federal officials so authorized by law, rule, regulation, or agreement shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all of the COUNTY's records with respect to all matters covered in this Contract Such rights last for six (6) years from the date final payment is made hereunder e The COUNTY shall cooperate with and freely participate in any monitoring, audit or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this Contract 23) SEVERABILITY. If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable 24) SUB-CONTRACTING. The COUNTY shall comply with all applicable procurement laws, rules and requirements This will include the use of a competitive procurement process in the award of any contracts with its contractors and sub-contractors that are entered into under this Contract All contracting and sub-contracting agreements entered into pursuant to this contract shall incorporate this contract by reference 25) TERMINATION. a If, through any cause, the COUNTY or its contractors or sub-contractors shall fail to fulfill in a timely and proper manner its obligations under this Contract or if the COUNTY or its contractors or sub- contractors shall violate any of its covenants, agreements, or stipulations of this Contract, the DEPARTMENT shall there upon have the right to terminate this Contract and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the COUNTY describing such default or violation b Notwithstanding any provisions of this Contract, either party may terminate this Contract without cause by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date If this Contract is so terminated, the DEPARTMENT shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Upon notice of such termination, the DEPARTMENT reserves the right to suspend all or part of the Contract, withhold further payments, and prohibit the COUNTY from incurring additional obligations of funds. c Reimbursement for eligible expenses incurred by the COUNTY prior to the effective date of such termination shall be as the DEPARTMENT reasonably determines " d The DEPARTMENT may unilaterally terminate or suspend all or part of this Contract without cause, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Contract 26) TRAVEL AND SUBSISTENCE REIMBURSEMENT. If reimbursement of travel or subsistence expenses are included as part of this Contract, they shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03 060 as now existing or amended The COUNTY is required to provide to the DEPARTMENT copies of receipts for any travel related expenses other than meals and mileage that are authorized under this Contract 27) TREATMENT OF ASSETS. Upon successful completion of the terms of this contract, all assets, including equipment, purchased through this contract will be owned by the COUNTY unless otherwise specified by the funding source The COUNTY shall be responsible for any and all operation and maintenance expenses and for the safe operation of said equipment including all questions of liability 28) WAIVER OF DEFAULT: Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver of breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such in writing, signed by the Director or Contracts Administrator and attached to the original Contract SECO COUNTY CPD Contract Page 9 of 13 LEWIS COUNTY, E20-016 ATTACHMENT C STATEMENT OF WORK SECO COUNTY CPD CONTRACT - SFY2020 July 1, 2019— June 30, 2020 CPD1 County Coordinator 1 Coordinate 911 within the county, act as a designated point of contact for the SECO, monitor the enhanced 911 system, and report 911 outages to the SECO 2 Coordinator or pre-approved/designated alternate attend 50% of Advisory Committee (AC) meetings held per contract year 3 Coordinator or pre-approved/designated alternate attend all three (3) Coordinator Forums per contract year 4 Cooperate with and freely participate in monitoring or evaluation activities by the SECO and State Auditor 5 Retain records for six (6)years after contract closure CPD 4 MSAG/Mapping/GIS Coordinators 1 Maintain MSAG and ALI, according to Washington NG911 GIS Data Standards 2 Maintain GIS 911 required layers for geospatial routing and uploading to 911 maps 3 Participate in all GIS dataset tests recommended by the Advisory Committee and approved by the SECO 4 Participate in all GIS training recommended by the Advisory Committee and designated as mandatory by the SECO 5 Each county will maintain and deliver to the SECO (or designated vendor), as requested, GIS datasets that includes the following data layers (Road Centerline, PSAP polygon, Law Enforcement Emergency Service Zone (ESZ), Fire ESZ and EMD ESZ) as required in the Washington NG911 GIS Data Standards with no critical error fallout (gaps and overlaps, range overlaps in the road centerline), and which have been synchronized to the ALI, at a 98% match rate Though not required, at this time, the Site Structure Address Points (SSAP) layer is highly recommended If SSAP layer is submitted, it must not contain any duplicate address points ' CPD4 IT Coordinator 1 Participate in the selection, installation, and/or maintenance of 911 equipment/software (IE CPE, CAD Net Clock, network, network security) 2 Submit certification that IT personnel have received a minimum of 16 hours of training in support of systems used by 911 per contract year (maintaining detailed training records) CPD5 Call Receiver Training 1 Submit Time Audits (to validate 50% or more of the call receiver's time) 2 Submit certification that all telecommunicators/call receivers have received a minimum of 24-hours of continuing annual training, during the current contract year(maintaining detailed training records) CPD3 Public Education 1 Attend a 911 Public Education forum or a public education class to enhance job skills 2 Participate in 50% of any scheduled 911 Public Education Subcommittee meetings 3 Establish an outreach baseline for the 911 public education program in county to measure the program's effectiveness 4 Utilize messaging consistent with content created by the 911 Public Education Subcommittee CPD2!CPD5 Training Coordinator 1 Attend a 911 Training Coordinator Forum or a training class to enhance job skills SECO COUNTY CPD Contract Page 10 of 13 LEWIS COUNTY, E20-016 ATTACHMENT D SECO CONTRACT REIMBURSEMENT SCHEDULE SECO COUNTYCPD CONTRACT- SFY2020 July 1, 2019—June 30, 2020 SECO CONTRACT REIMBURSEMENT SCHEDULE More detailed information regarding reimbursements can be found in the following SECO Policies SECO County Contract, SECO Public Education, SECO Statewide Services Support, and SECO Salary and Benefits Summary Due to 911 modernization initiatives, important time-critical information is shared at meetings Therefore, it is crucial the 911 County Coordinator or designee attend all meetings, if possible Understanding that scheduling conflicts occur if the 911 County Coordinator is unable to attend a meeting/forum/training and would like to send a representative on their behalf to fulfill contractual obligations, a written request via email must be submitted to the SECO County Assistance Program Manager, prior to attending and incurring expenses COORDINATOR PROFESSIONAL DEVELOPMENT(CPD) EXPENSES SECTION CPD benefits all counties and do not require local revenue to be used prior to state reimbursement. The following are reimbursed through both the BSO and CPD contracts. ELIGIBLE ITEM STATE REIMBURSEMENT Advisory Committee (AC) Meetings Travel reimbursement expenses for the 911 County Coordinator or pe-approved designee to attend all AC meetings 911 County Coordinator or pre-approved designee must attend 50% of all AC meetings held Attendees other than AC members, 911 County Coordinator or pre-approved designee will not be reimbursed for travel expenses for attending AC meetings AC Subcommittee Meetings Travel reimbursement expenses for all Subcommittee members to attend subcommittee meetings No more than one county representative per subcommittee, except standing subcommittees as designated in the AC By-Laws CPD1 Meeting Attendance Coordinator Forums Travel reimbursement expenses for a total of two PSAP/911 employees to attend Spring and Summer Coordinator Forums and a total of three PSAP/911 employees to attend the Fall Coordinator Forum One of the attendees must be the 911 County Coordinator or pre-approved designee SECO supported Travel reimbursement expenses for the 911 County Coordinator and/or a PSAP/911 employee to attend training, meetings, or events the SECO determines to have an overall benefit as designated in writing 911 County Coordinators may request SECO Supported designation by email to the SECO County Assistance Program Manager The 911 County Coordinator or pre-approved designee and a PSAP/911 employee is authorized up to $6,000 (per contract year) to attend national NG911 related conferences trainings and/or training materials CPD2 911 County to enhance job skills Coordinator Training For counties with a population of 1 5 million or more the authorized amount for the 911 County Coordinator is doubled for an additional person to attend training $12,000 (per contract year) SECO COUNTY CPD Contract Page 11 of 13 LEWIS COUNTY, E20-016 Up to $5,000 (per contract year) is authorized for expenses directly CPD3 911 Public Education related to public education training and training materials, for informing the public of the capabilities, limitations, and proper use of 911 and public education materials. (See SECO Public Education Policy) Up to $13,500 (per contract year) is authorized for salaries/ benefits 911 Technical training, and training material expenses for the following positions. CPD4 Salaries/Benefits and MSAG, Mapping/GIS, and/or Information Technology Coordinator(s) Training Backfill is not eligible under this line item Expenses must directly link to the support and maintenance of WAC eligible 911 equipment Total training funds calculated at $500 (per contract year) per full-time call receiver and training coordinator at the primary PSAP(s) with a cap not to exceed 30 call receivers (or$15,000) per county These funds are to be used for training and training materials that support the roles and functions of the call receiver and the 911 Training 911 Call Receiver Coordinator Training maybe internal or external CPD5 Training Funds may also be used for a new hire call receiver salary while in training status up to $2 000 per new hire (this is the only time regular salary can be claimed for call receivers under this line item), 911 Training Coordinator regular salary overtime and CTO and call receivers overtime and backfill while in training status Regionalized Counties, only the Host County is eligible for this line item Costs related to modernization of the 911 System as authorized and pre-approved by the State E911 Coordinator Including, but not limited to, pre-approved software necessary for the MSAG/GIS data synchronization, text to 911 security/authentication fobs (capped at 1 per authorized call taking position), and other pre-approved expenses CPD6 NG911 Modernization related to text-to-911 implementation Should there be additional funds available following the fulfillment of BSO, WSP, and CPD contracts, the SECO may authorize additional funds for each of the 39 counties and the WSP to be used solely for the purpose of NG911 MSAG/GIS Modernization CPD7 911 Interpretive Costs incurred for use of interpretive services to facilitate 911 call Services taking SECO COUNTY CPD Contract Page 12 of 13 LEWIS COUNTY E20-016 ATTACHMENT E BUDGET SHEET SECO COUNTY CPD CONTRACT— SFY2020 July 1, 2019—June 30, 2020 SFY2020 Coordinator Professional Development (CPD) $ 47,610 TOTAL CONTRACT NOT TO EXCEED $ 47,610 SECO COUNTY CPD Contract Page 13 of 13 LEWIS COUNTY, E20-016 BOCC AGENDA ITEM SUMMARY Resolution BOCC Meeting Date Jul 29, 2019 Suggested Wording for Agenda Item Agenda Type' Consent Approving a contract between the Washington State Military Department and Lewis County for E911 Professional Development funding assistance RECEIVED Contact Steve Mansfield Phone' 3310 JUL -i i 2019 Department DEM LEWib COUNTY Action Needed PROSECUTING ATTORNEY Description As part of the State E911 funding assistance program,certain County expenses associated with the daily operations of the E911 Communications Center are eligible for reimbursement This contract with the Washington State Department of Military, Emergency Management Division, addresses the amount of basic funds available under the Wirelme and Wireless contract reimbursement program for support of Professional Development during the contract penod of July 1, 2019 through June 30, 2020 Cover Letter To Cheryl Millman,Patty Marsden, Scott Smitherman, Steve Mansfield Additional Copies Cheryl Millman,Patty Marsden,Scott Smitherman,Steve Mansfield